We at International Fertility Law Group are proud, in partnership with Oregon Reproductive Medicine, to officially represent the United States in the field of fertility law at the second annual Kinderwunsch Tage, or Fertility Days, February 17 and 18, in Berlin.

The event is designed for intended parents, offering educational seminars and an international village designed to showcase the myriad of options for fertility treatment available in many parts of the world: what medical treatments are available, what are the costs, what are the legal considerations, and how to begin the process. The first Kinderwunsch Tage, held in February 2017, was so successful that two are planned for 2018: this one in Berlin, and another scheduled for October in Cologne, Germany.

While prospective intended parents have been coming to the US from Germany for many years, the recent surge in interest about assisted reproductive technology and international surrogacy options in Germany may be related to a crucial ruling by the German Supreme Court on December 20, 2014. As we wrote at the time:

In a historic ruling today, Germany’s Supreme Court ruled that the government must recognize the children born via surrogacy in other countries as the legal offspring of German intended parents. In its ruling the high court stated that German authorities must respect the decisions of foreign authorities in regard to the parental rights of German intended parents, according to Deutsche Welle, even though surrogacy is not legal in Germany.

The German court ruled on the case of a gay German couple, both German citizens, who had a child via surrogacy in California in 2010. The county Superior Court where the child was born issued a court order naming the couple as parents; the couple then petitioned Berlin authorities to issue a birth certificate listing the two dads as parents. German authorities denied the petition, on the basis that, under German law, the California surrogate was the child’s legal mother. The California court order naming the two fathers as parents was deemed null and void.

German law automatically presumed, at that time, that the surrogate was the child’s parent. Same-sex marriage was not legal in Germany at that time, and adoption by gay or lesbian individuals was not allowed. So when the fathers returned to Berlin with their baby, German authorities refused to recognize them as their child’s legal parent—for more than three years.

On appeal, the German Supreme Court overturned the earlier Berlin court decision, saying that to deny the fathers’ parentage would be an infringement of the child’s human rights, and ordering that the two dads be recognized as the child’s legal parents. As we reported at the time, “Even though Germany prohibits surrogacy, the child born to a surrogate is entitled to have legal parents. The court observed that the child could not influence the circumstances of its birth, and a surrogacy background could therefore not be grounds to deny it its legal parents.”

We applauded that ruling in the hope it signaled a shift in German public opinion and in official support for new types of fertility treatment and new models for family formation. The tremendous success of Kinderwunsch Tage is a tangible sign that those changes are taking place. While Kinderwunsch Tage is a wonderful forum where German intended parents can learn about the many options for family formation in other parts of the world, the true sign of success will be when all German families can benefit from the technological miracles of ART, without ever leaving home.

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Richard Vaughn

rich@iflg.net

Attorney Rich Vaughn is founder and principal of International Fertility Law Group, one of the world’s largest and best-known law firms focused exclusively on assisted reproductive technology, or ART, including in vitro fertilization (IVF), surrogacy, sperm donation or egg donation. Rich is co-author of the book “Developing A Successful Assisted Reproduction Technology Law Practice,” American Bar Association Publishing, 2017.

ABOUT IFLG

As a law firm practicing exclusively in fertility law, we are committed to providing you and your family with the highest caliber legal support in all aspects of assisted reproductive technology law, including surrogacy, egg donation, embryo donation, sperm donation, parental rights, non-traditional family formation and second-parent adoption.

Peiya Wang joined IFLG as a paralegal in 2015, where she manages surrogacy, egg donation and parental establishment cases and provides translation services for many of IFLG’s international clients. Peiya received her bachelor’s degree from Beijing Technologies and Business University, where she majored in Marketing. She moved to the United States in 2012 to attend Northeast University in Boston, Massachusetts, receiving a Master of Science degree in Global Studies and International Affairs in 2014. Peiya moved to Los Angeles in 2015 and received her paralegal certification from UCLA Extension. When away from the office, Peiya is a dragon boat paddler and a ballroom dancer, where she favors Rumbas and Cha-chas. She is fluent in Mandarin and English.

Luis R. Sosa joined IFLG as a paralegal in 2016, where he enjoys pursuing his passion for family and reproductive law. While working toward his bachelor’s degree at Florida International University, Luis worked as a paralegal and legal assistant for family law litigation firms in Miami and Washington, D.C. As a paralegal and case manager for IFLG, Luis, who is bilingual in English and Spanish, manages surrogacy, egg donation and other reproductive law cases. In addition to spending time with husband Randy and dog Marty, Luis enjoys being outdoors and appreciating the arts.

After receiving her B.S. in Business Management, Toni joined IFLG to pursue her dream of working in the legal field. As a Paralegal with over 10 years of experience in the assisted reproduction technology field, Toni is our Managing Paralegal, responsible for training and managing our paralegal staff. From drafting legal documents to assisting our clients with post-birth matters, Toni embraces the challenge of learning something new in this field each day. Besides spending time with her son, Jordan, Toni enjoys exploring new things, cooking, spending time with family and friends, and serving as a Youth Advisor for “Next Generation.”

Miesha Cowart joined IFLG as a financial specialist in 2014 following a successful career in development and business finance. Miesha previously worked for 10 years in the construction industry as a controller and for 13 years as Development Coordinator for the non-profit U.S. Fund for UNICEF. In her free time, Miesha works with “Next Generation” at her church. “They are my heartbeats!” she says of the youth in her community.

Kim has over 25 years of experience in the legal field and has worked exclusively in surrogacy and assisted reproduction law since 1999. Kim is a senior case manager of surrogacy and egg donation cases, and is also responsible for managing parental establishment cases and interacting with IFLG’s Of Counsel attorneys across the country. With three children of her own, Kim understands the importance of family and finds working in this area of law a rewarding experience.

Attorney Rich Vaughn combined his personal passion as a father of twin boys born via assisted reproductive technology (ART) with more than 20 years of experience in business and technology law to build International Fertility Law Group. Today IFLG is one of the most successful and best-known law firms in the world focused exclusively on fertility law, helping thousands of intended parents through empathetic listening, compassionate guidance, and unmatched legal expertise. As an advocate for reproductive freedom, Rich also contributes his knowledge and time to improving the understanding and practice of ART law, most recently as a founder of and speaker at the first Cambridge University International Surrogacy Symposium held in June 2019, as immediate past chair of the American Bar Association ART Committee, and as a popular presenter to law schools, faculty and advocacy organizations all over the world.

Elizabeth received her Bachelors of Science degree in Criminal Justice from California State University of Los Angeles. Shortly after graduating, she continued her education at the University of California, Los Angeles where she obtained her Paralegal certificate. Elizabeth is fluent in Spanish and has been in the legal field since 2009. She is excited to be a part of the IFLG Team helping families realize their dreams.

Sunny joined IFLG as a paralegal in 2017, where she manages surrogacy, egg donation and parental establishment cases for many of IFLG’s international clients. She holds a Bachelor of Arts degree in Philosophy from California State University of Los Angeles, where she graduated cum laude. Sunny is bilingual in English and Mandarin and has extensive experience as a legal assistant and paralegal at Los Angeles-area law firms. She is excited to be part of the IFLG team. In her spare time, Sunny enjoys spending time with her family and their dog, going to the beach, cooking, and being outdoors.